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Author: Rosalind Dixon
Publisher: Cambridge University Press
ISBN: 1316276783
Category : Law
Languages : en
Pages : 369
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Book Description
The High Court, the Constitution and Australian Politics is an in-depth exploration of the relationship between decisions of the High Court and broader political currents in Australia. It begins with an investigation of the patterns and effects of constitutional invalidation and dissent on the High Court over time, and their correlation with political trends and attitudes. It also examines the role of constitutional amendment in expressing popular constitutional understandings in the Australian system. Subsequent chapters focus on the eras marked by the tenure of the Court's 12 Chief Justices, examining Court's decisions in the context of the prevailing political conditions and understandings of each. Together, the chapters canvass a rich variety of accounts of the relationship between constitutional law and politics in Australia, and of how this relationship is affected by factors such as the process of appointment for High Court judges and the Court's explicit willingness to consider political and community values.
Author: Rosalind Dixon
Publisher: Cambridge University Press
ISBN: 1316276783
Category : Law
Languages : en
Pages : 369
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Book Description
The High Court, the Constitution and Australian Politics is an in-depth exploration of the relationship between decisions of the High Court and broader political currents in Australia. It begins with an investigation of the patterns and effects of constitutional invalidation and dissent on the High Court over time, and their correlation with political trends and attitudes. It also examines the role of constitutional amendment in expressing popular constitutional understandings in the Australian system. Subsequent chapters focus on the eras marked by the tenure of the Court's 12 Chief Justices, examining Court's decisions in the context of the prevailing political conditions and understandings of each. Together, the chapters canvass a rich variety of accounts of the relationship between constitutional law and politics in Australia, and of how this relationship is affected by factors such as the process of appointment for High Court judges and the Court's explicit willingness to consider political and community values.
Author: Haig Patapan
Publisher: Cambridge University Press
ISBN: 9780521774284
Category : Law
Languages : en
Pages : 230
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Book Description
The High Court is taking an increasingly important role in shaping the contours of democracy in Australia. In deciding fundamental democratic questions, does the Court pursue a consistent and overarching democratic vision? Or are its decisions essentially constrained by institutional and practical limitations? Judging Democracy, first published in 2000, addresses this question by examining the Court's recent decisions on human rights, citizenship, native title and separation of powers. It represents the first major political and legal examination of the Court's new jurisprudence and the way it is influencing democracy and the institutions of governance in Australia. A foreword to the book has been written by the former Chief Justice of the High Court, Sir Anthony Mason.
Author: Brian Galligan
Publisher: University of Queensland Press(Australia)
ISBN:
Category : Law
Languages : en
Pages : 356
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Book Description
Author: David Harris Solomon
Publisher:
ISBN: 9781863731874
Category : Australia
Languages : en
Pages : 223
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Book Description
This text is about the impact of the High Court and its decisions on Australian politics. It explains the way in which the Court's decisions in some constitutional and other cases have changed the course of Australian politics - decisions which have forced federal and state governments to change their policies, and political parties to change their platforms. Its emphasis is on the broad range of issues where the High Court has changed the political game. It is not a history or a legal or constitutional text. Rather, it is an examination of what has been a missing link in Australian political studies. The book is for anyone wanting to know about a vital, but often ignored, part of the Australian political process.
Author: Sir William Harrison Moore
Publisher:
ISBN:
Category : Australia
Languages : en
Pages : 426
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Book Description
Author: Jan Henkel
Publisher: GRIN Verlag
ISBN: 3638752089
Category :
Languages : en
Pages : 29
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Book Description
Essay from the year 2004 in the subject Politics - International Politics - Region: Australia, New Zealand, grade: credit (70/100), The University of Sydney (Faculty of Economics and Business), course: Australian Politics, 12 entries in the bibliography, language: English, abstract: It is known that in a democracy there are, in general, three different branches of the government: the legislative, the executive and the judicial branch. This essay explores the relative powers of the legislation and the judiciary in determining the freedoms and rights of modern days Australians. It specifically questions whether the High Court or the Parliament should determine the rights and freedoms of Australians. If you examine modern day theories of democracy, you will discover that the legislative branch of government is traditionally responsible for making law and the judiciary for interpreting law. These two bodies, as they are respectively known in Australia, are the Parliament and the High Court. Between these two bodies, an intimate relationship exists that inevitably leads to interpretive and political conflicts, namely because it is "the judge it is who must decide what the Act means" (Gifford, p.39). The main difficulty of this implicit conflict is a subjective determination concerning exactly where the power of the legislation, in our case the Parliament, ends and where the power of the judiciary, in our case the High Court, begins. In answering the main question of this essay, one must also address the relevant moral dimensions associated with this relationship. In adopting this methodology, I shall be able to decide which alternative is the better. Is it preferable if the High Court determines the rights and freedoms or should that be a task of the Parliament? First of all I think it is necessary to emphasize the roles of the Parliament and the High Court in the Australian democracy. For that I would like to have a look into the Constitution of Australia and menti
Author: Andrew Inglis Clark
Publisher:
ISBN:
Category : Australia
Languages : en
Pages : 472
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Book Description
Author: Brian Galligan
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: Nicholas Aroney
Publisher: Cambridge University Press
ISBN: 1316276775
Category : Law
Languages : en
Pages : 697
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Book Description
The Constitution of the Commonwealth of Australia examines the body of constitutional jurisprudence in an original and rigorous yet accessible way. It begins by exploring the historical and intellectual context of ideas surrounding the Constitution's inception, and closely examines its text, structure, principles and purposes in that light. The book then unpacks and critically analyses the High Court's interpretation of the Constitution in a manner that follows the Constitution's own logic and method of organisation. Each topic is defined through detailed reference to the existing case law, which is set out historically to facilitate an appreciation of the progressive development of constitutional doctrine since the Constitution came into force in 1901. The Constitution of the Commonwealth of Australia provides an engaging and distinctive treatment of this fundamental area of law. It is an excellent book for anyone seeking to understand the significance and interpretation of the Constitution.
Author: Graham L Paterson
Publisher: Strategic Book Publishing & Rights Agency
ISBN: 1631358421
Category : History
Languages : en
Pages : 243
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Book Description
“The continued usage of the Australian Constitution Act (UK) by the Australian Governments and the judiciary is a confidence trick of monstrous proportions played upon the Australian people with the intent of maintaining power…. Authority over the Australian Constitution Act lies not with the Australian government, nor with the Australian people. It rests solely with the UK. Only they have the authority to repeal this legislation....” - The late Professor G. Clements, UK QC and emeritus Professor in Law at Cambridge University This book is the first of its type to be written in the last 114 years. Nobody has done so since Quick and Garran in 1901. The British Colony of Australia Act (1900) represents Australia's primary law. It is still used today as our Constitution. That Act controls all our lives. The British Government added the first eight parts of this Act and the ninth part is the draft Constitution. That draft was changed by the British Government before they would allow the Act to be presented to their Parliament. This amended Constitution was never presented to the “people” of Australia for their approval. The document is steeped in nineteenth century colonial thinking, and has never been brought up to date. It remains antiquated and bears very little relationship to the way we are governed. It is a myth that the referendums in 1899 and 1900 asked the “people” to approve the draft Constitution. The few selected “people” were asked if they wanted “union of the Colonies or disunion”. The acceptance of the original draft Constitution was taken for granted. The draft Constitution was never about democracy or Australian sovereignty. Another of the myths this book debunks is that the Constitution can only be changed by a referendum of the Australian people. The fifty colonial representatives; referred to as our “the founding fathers”, saw fit to include thirty nine provisions allowing Parliament to change the Constitution any time the ruling party wished. They have done this so many times in the last 114 years that no one has kept count. Read this book and find out why this primary law of the land is never taught in our schools, and how it controls your life.
